crimes, Criminal law

He crime of improper approval It is what an individual commits when a person takes possession of an object that had been lent to him and does not return it in the time that had been demanded. 

In this article we will leave you all the detailed information about the crime of improper approval what you need to know 

What is the crime of improper approval?                                                    

The crime of misappropriation is committed when a person causes a damage patrimonial, where it is takes possession of something that has been entrusted to him and has the obligation to return the object.

A crime of misappropriation occurs when we lend a personal object to someone for a certain time and, when the end of this period arrives, they do not want to return the object and take possession of it, as if it were theirs.

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What is misappropriation?

Misappropriation occurs when all persons who appropriate personal belongings, money, furniture or a patrimonial asset are punished.

Which received in the form of a deposit, commission, loan or escrow, where they have an obligation to return them and refuse to do so. 

How many ways for a crime of misappropriation to be committed?

There are two ways to commit crime of improper approval, the first when a person leaves an object or money to another person, and he refuses to return it, although he had an obligation to do so.

The second way to commit a crime of improper approval but it is when the person to whom an objective was lent with the obligation to return it, says that he never received it.

In either of the two cases, the crime is committed by someone who has received something in the form of a loan and must return it. 

It should be noted that misappropriation cannot be classified as heist, theft, or scam, it should be known that there is a fairly marked difference between them.

The difference between misappropriation and theft

He crime of theft It is the one that is committed when the things of others are taken, for profit and without counting on the will of the owner of the object. That is, nothing is lent to the person to return it.

Difference Between Misappropriation and Theft

He robbery crime, is something similar to committing a theft, but this requires the use of force to gain access to the place where the object they want to steal from another person is located.

Difference Between Misappropriation and Scam

He crime of fraud, is the one that occurs when a person is deceived to be able to access an object so that the person who has been deceived gives it to another, thus harming herself.

Consequences of the commission of the crime of misappropriation

Misappropriation is punishable by a prison sentence of between 6 months and 3 years, depending on how the damage that has occurred is assessed by the judge and some other circumstances.

The crime of misappropriation They will be aggravating when it falls on essential goods, when the signature of another is abused, by stealing, hiding or rendering useless a document, whether public or official.

When it falls on the artistic, cultural, scientific and historical heritage assets. When there is a special seriousness due to the damage caused and the economic situation that is left to the victim or his family.

When the value of the appropriation exceeds 50,000 euros, the west affects many people. When an abuse of the relationships that existed between the perpetrator of the crime and the victim is committed.

When a procedural fraud is committed, which causes the error of the judge or the court, leading it to issue a resolution that may harm the other party or a third party.

In this case, the convicted person would have been sentenced for at least up to three crimes with similar characteristics.

In this case, the aggravated part of the crime will be punished with a prison sentence of 1 to 6 years and a fine of 6 months to one year.